The context of this thesis lies both in labour law theory and labour law literature on ‘precarious’ work. In this thesis, the concern is to show that although precarious work is presented as a modern problem with distinctive modern solutions in the literature, the problems of precarious work can usefully be aligned with more general attempts to determine the problems and solutions to vulnerability at work. In the first part of the thesis, the analysis proceeds by the construction of a ‘theory’ of vulnerability based around a ‘wide’, ‘middle’ and ‘narrow’ view. It is argued that these different ‘views’ have a certain internal coherence and represent a particular way of seeing both the challenges faced by labour and the best way to tackle those challenges. The second part of this thesis looks at the application of this theoretical framework. It is argued that these different ‘views’ represent a good way of analysing approaches at different geographical levels of regulation (UK, EU and international) to the problems of precarious work. Finally, the thesis investigates two case studies and suggests that these different ‘views’ can be used to analyse the approach taken to different ‘vulnerable’ or ‘precarious’ groups of workers in the labour market.

No description available.

This thesis explores the relationship between anti-discrimination rights in employment and equality, on the one hand, and the right to work, on the other hand, in an attempt to achieve a full understanding of this relationship, in terms of three different dimensions: the analytic, the moral and the socio-legal. Firstly, the thesis aims to examine analytically the relationship between anti-discrimination rights in employment and the two values. Secondly, the thesis considers whether such a relationship is morally desirable. Thirdly, it looks at how the current relationship between anti-discrimination rights in employment and equality was established. The thesis adopts three different kinds of methodology, corresponding to each of the three aspects of the relationship mentioned above: conceptual analysis, moral evaluation and socio-legal studies. In a methodological sense, the thesis will explore the conceptual and socio-legal explanation and the justification of anti-discrimination rights with reference to the two values. This thesis firstly concludes that the right to work approach to anti-discrimination in employment, as an alternative to the equality approach, would explain anti-discrimination rights in employment more clearly and consistently. Secondly, it shows that, with reservations in relation to some parts of the prohibition of indirect discrimination, the right to work approach would transform the prohibition of direct and indirect discrimination in a more justifiable way than the equality approach, as the former would solve the justifiability issues caused by the latter. Nonetheless, the socio-legal study of the anti-discrimination laws of the US and UK demonstrates that equality was established as their underlying value in a particular socio-legal context, where economic liberty was dominant in the regulation of the workplace and the social movements were separated from the trade unions, mainly reflecting male or white workers and neglecting the voices of those who were vulnerable to the then prevalent forms of discrimination.

The objective and purpose of this PhD is to provide pragmatic solutions to the Posted Workers Directive 96/71/EC.1 This European Union legislation is designed to govern a unique category of worker that moves throughout the internal market temporarily under the provision of services. The Directive was created to protect workers’ rights, combat social dumping by ensuring a climate of fair competition and promote the transnational provision of services. In practice, it has failed to fulfil its objectives, as seen by the Laval Triplet.2 Therefore, following a thorough analysis of the issues that are intrinsic to the Directive itself and also highlight wider issues such as the competing interests of the internal market and national labour law as well as the conflicting economic and social policy interests, this thesis will provide legislative solutions which will constitute the requisite original contribution to knowledge. The thesis is composed of five parts, beginning with the Introduction and ending with the Conclusions. The central Chapters follow the chronological order of the Directive’s story as follows: Chapter 1 details why and how the Directive was created including an analysis of the early case law; Chapter 2 analyses the issues associated with the Directive and it offers an original critique of the Court’s interpretation of the Directive; and Chapter 3 reviews the solutions that have already been suggested by the EU Institutions, the European Social Partners and the academic literature before providing my own input to the field. The form of methodology adopted throughout is therefore doctrinal.

No description available.

This dissertation concerns the enforcement of international labour standards. In particular, it explores the rule against discrimination in work. Many alternative models to the state reporting model, to enforce labour standards, have been suggested; none, however, have explored the codification of those standards of international labour law, which have attained customary status. Accordingly, the thesis of this enquiry is that the rule against discrimination in work, contained within Aliicle 2 ILO Convention Cl1l, is also a rule of customary international law binding on all states. As such, it is a source of the English common law, enforceable in the English courts. Such a thesis draws upon the academic critique of similar projects in other areas and incorporates those concerns, where appropriate, to produce a robust methodology to test this thesis.

This thesis examines the adequacy of the current regime of parental rights in the workplace in Great Britain. This is done by first considering the rationale for protecting the status of parents and why it is important to enable parents to combine both family and work responsibilities and considers feminist theory in relation to this subject. Having done so, the thesis moves on to consider the existing legislative framework that is supposed to achieve work-life balance focussing on the following legislative provisions: • Maternity and paternity leave • Parental leave • Emergency Dependant’s leave • Right to request flexible working • Part-time Workers (Prevention of Less Favourable Treatment) Regulations • Working Time Regulations • Sex discrimination The thesis then considers the way in which “family-friendly” rights are enforced through the Employment Tribunal system, including some of the hurdles faced by potential claimants, such as tribunal fees. Finally, the thesis looks to the future, considering whether the Shared Parental Leave provisions, which apply for children expected on or after 5 April 2015 will address the problems identified earlier in the thesis with the current legislative regime and suggests a new, more holistic approach to the need to combine work and family, based on the duty to make reasonable adjustments, which currently exists only in respect of disability.

The nine refereed publications on which this submission is based have explored legislative changes to discrimination law ahead of and via the Equality Act 2010. Some of the submitted publications take a broad approach whereas others focus on specific issues or statutory provisions. Together they form a body of work the central aim of which, and which constitutes the papers’ primary contribution to knowledge, is to provide an analysis of a number of aspects of the Equality Act 2010. This commentary displays this analysis within the contexts of the Equality Act’s predecessor legislation, its drafting and passage through Parliament and the scope of judicial interpretation. The significance of the papers and their individual contributions to knowledge are highlighted in the introduction and in the discussion of the papers under those three contextual sub-themes (the predecessor legislation, drafting and passage through Parliament and judicial interpretation). This thematic approach demonstrates the coherency of the submitted publications and allows common elements to be discussed. The submitted publications show that it is clear that the Equality Act 2010 has in areas harmonised and arguably simplified the preceding law, but they also show that the Equality Act 2010 has introduced its own complications which to some extent can be attributable to the parliamentary scrutiny it received. The papers and the commentary provide support for changes which have occurred and also suggest others. The citations of the papers and a representation of national and international use of the papers are included in an appendix which is drawn on in the commentary.

This thesis considers age discrimination in financial services, focusing on a comparative analysis between Italy, Austria and United Kingdom. It does this by first examining Directive 2000/78/EC which is the first and the only European legislation existing on age discrimination in the employment field. Additionally, relevant case law is analysed to create a theoretical framework. By this approach, it is possible to see that, although equality is a fundamental principle of European law, both direct and indirect age discrimination can be justified. Therefore, this analysis focuses on Article 6 of the Directive as it allows the Member States to objectively justify age discrimination for the benefit of public economic interests. This conflict between economic interest and equality is evident also in the financial services field, where a European legislation does not exist yet. In this way, in each country, the assessment of risk is strongly linked to domestic law and financial stability. The study focuses on the implication of age justifications on the economy and its relation to population ageing.

This thesis presents a longitudinal study of the regulation of the UK retail pensions market. A framework is developed to analyse regulation and regulatory change and to identify the policies and events which may be hypothesised to affect the operation of the market. A provisional model is devised to show the relationships among regulation, the strategic decision-making of market participants and key dimensions of the market (products, prices, demand, distribution channels, costs and industry structure). The empirical evidence shows that over an extended period of time (from the mid-1980s to 2007) regulation affected product development, product pricing, demand, the evolution of distribution channels, producer costs and margins and ultimately the industry structure. The cumulative effect of and interaction among three separate but related public policies shaped the market that is observed in 2008. Over the period since the mid-1980s, the market has been affected more by regulation than by any economic, social or technological change. An evaluation of public policies towards the market shows that policy objectives have not been met and that policies have led to unforeseen and undesirable outcomes. The provisional model is developed to contribute towards the theory of regulated competition. This thesis makes a methodological contribution by developing techniques to assess and evaluate government intervention in a market over the longer term and to consider the interactions between different but related public policy initiatives. An agenda for further research building on this study is proposed. This thesis also makes a contribution to business history in relation to the UK insurance industry. The change in the structure of the industry over the last twenty years is significant in the light of the long history of the industry and the role it has played in the development of retail financial markets in the UK.